Category Archives: Future cost of treatment & help

Judge awards claimant with depression, anxiety & pain $12,631 for future psych treatment & meds

Ms D, 53, was injured in a car accident ten years before her trial. A psychologist that her lawyer referred her to a year before her trial diagnosed her with: major depression, post-traumatic stress disorder, severe driving & other anxiety & severe & constant chronic pain. Continue reading

79-year-old injured woman awarded $205,635 for the cost of her future care

Ms. Paterson, 79, lives on a 20-acre farm near Sooke, B.C. Three years after her car accident she continued to experience chronic neck pain & issues with her mood & memory. Her medical experts wrote that she requires ongoing treatment to manage her symptoms & that she will require assistance in the future with daily activities & house care. Continue reading

Judge awards $100,000 for pain & suffering to man with chronic pain

Mr. Lafond, 57, continued to have pain in his right shoulder, neck & back as well as ongoing headaches, anxiety & depression at his trial 6 years after his car accident & his future did not look bright. He was a stoic person not given to complaining. Continue reading

Judge orders ICBC to pay claimant the cost of Botox® treatments & Butrans® patch

Mrs. Merko’s two accidents left her with chronic pain which severely impacted her quality of life. Her neurologist who treats her headaches & her GP recommended:

  • an exercise program;
  • Botox® injections for her headaches which got worse after her mva’s &
  • Butrans® patches & other medications to manage her high level of pain.

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Judge relies on claimant’s O.T.’s rec’s to award $195,000 for her cost of future care

Ms. Litt was injured in two car accidents. After her second one she developed a pain disorder which was caused by physical and psychological factors. Her lawyer hired Ms. Berry, an occupational therapist who did an assessment in Ms. L’s home.

ICBC hired their own occupational therapist, Mr. Gander. He was critical of Ms. Berry’s report and suggested that her observations were not vigorous enough to prove that the claimant was incapable of ordinary functioning. ICBC’s lawyer argued that a reasonable award for her cost of future care should be $5,000 for an active rehabilitation program.

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Judge rejects the opinion of Dr Levin, a psychiatrist used frequently by ICBC, & awards damages of $702,435

Ms. Litt was involved in two car accidents, one in 2003 and another in 2010. They left her with an ongoing pain disorder. She sought compensation in part for her psychological injuries resulting from her accidents. She testified that her mood was awful – she felt angry and irritable all the time.

ICBC hired a psychiatrist, Dr. Levin. He wrote a report & then testified at trial. He claimed that because Ms. L. returned to work and school after her accidents she could not have a psychological pain disorder.

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Claimant rejects shoulder surgery – See how judge rules

Mr. Tabatabaei suffered an injury to his shoulder due to a car accident. Mr. T’s lawyers and ICBC each hired an orthopaedic surgeon to assess him and provide a report. They disagreed on the appropriate treatment.

Dr. Tarazi, the claimant’s expert, concluded that:

  • surgery would not improve Mr. T’s symptoms.
  • Mr. T will likely have ongoing pain and
  • he will require manual therapy 15 to 20 times per year for the rest of his life.

In spite of the surgeon that ICBC hired recommending surgery the judge awarded Mr. T. $15,000 for the cost of future manual therapy.

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Large award after neurologist explains the cause, treatment & prognosis of headaches from whiplash

 Dr. Robinson is a senior neurologist in Vancouver who has a very well respected practice treating patients with headaches. He testified recently in the Supreme Court of B.C. in the case of Forder v. Linde.

He gave his insights into the treatment of headaches after a whiplash injury as well as his prediction of the future (prognosis). These would be valuable to anyone suffering from headaches after a whiplash injury.

Mr. Justice Crawford awarded the claimant a total of $835,600 for her damages.

He summarised Dr. Robinson’s report and testimony as follows: Continue reading

Judge orders ICBC to fund a marijuana ointment program for pain control followed by an exercise program

Justice Greyell of the B.C. Supreme Court accepted the recommendations of the injured claimant’s medical specialist, Dr. Hershler, and awarded her $6,500 to fund a six months program of medical marijuana used by way of an ointment in order to control her pain so as to allow her to be able to work with a physiotherapist for 20 session in order to build up her core strength and increase her range of motion.  Continue reading

Judge awards $46,527 for the cost of future care of a plaintiff with chronic pain, including a full pain program

On April 25, 2014 Madame Justice Ross gave her reasons in this case. She first quoted the legal principles governing an award for cost of future care which were recently summarized by Mr. Justice Wong… The principles included the following:

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Judge awards the cost of a gym membership & some physio for flare-ups to age 65

On April 14, 2014 Justice Bruce Greyell gave reasons for judgement in Parhar v. Dawe. He concluded that Mr. Parhar suffered from chronic pain resulting from a whiplash injury he suffered in a rear end collision over 5 years earlier and awarded him a total of $17,820 for “reasonable and medically justified future care service costs”: Continue reading

Judge orders funding for future acupuncture, prolotherapy, kinesiology & physiotherapy

On March 27, 2014, Mr. Justice Verhoeven of the Supreme Court of B.C. gave his decision case of Hart v. Hansma. He concluded that Mr. Hart will need knee and possibly shoulder surgery due to his injuries in a car accident and that: “In general, the evidence is that the plaintiff finds relief and is better able to cope using therapies such as acupuncture, prolotherapy, and physiotherapy. His family doctor is in favour of at least some continued therapies.” and awarded him $20,000 for the cost of future treatment. Continue reading

A hot tub or sauna that helps one cope with pain – a judge may order reimbursement

On March 27, 2014 Mr. Justice Verhoeven of the Supreme Court of B.C. handed gave his decision in a New Westminster personal injury case called Hart v. Hansma. He concluded that:

“Based upon the evidence of Mr. and Mrs. Hart in the context of all of the evidence in the case, in my view the expense [of a home sauna] is reasonable and justified.” Continue reading

Botox – court orders funding

On April 11, 2014 a judge awarded an injured person $15,000 for her future cost of Advil, a sleeping pill and the possibility of Botox treatments

People often suffer from myofascial pain syndrome after a car accident, particular after a whiplash type injury.

Myofascial pain syndrome is a chronic, painful condition associated with areas of increased muscle tone, which are clinically felt as tight bands punctuated by small areas that are very tender to pressure, often called trigger points. Continue reading